The information covered below is from May 18, 2023 to June 3, 2023.

 Highlights:

• On June 3, President Joe Biden signed H.R. 3746, the “Fiscal Responsibility Act of 2023,” to address the nation’s debt ceiling – the cap on the total amount of money that the federal government is able to borrow.
• On June 1, the Senate passed H.J. Res 45 by a vote of 52-46, a Congressional Review Act resolution that would prohibit the implementation of President Biden’s student loan forgiveness plan to cancel up to $20,000 in outstanding student loan debt. In a Statement of Administration Policy issued on May 22, the White House opposed the CRA and indicated that, should it pass both houses of Congress, President Biden would veto it.
• On May 23, the White House and U.S. Department of Education (USED) separately released publications to promote responsible use of AI and push for guardrails for its use.

Administration:

White House:

President Biden signs legislation to address the nation’s “debt ceiling”: On June 3, President Joe Biden signed H.R. 3746, the “Fiscal Responsibility Act of 2023,” to address the nation’s debt ceiling – the cap on the total amount of money that the federal government is able to borrow. The legislation passed the House on May 31 by a vote of 314 to 117 and passed the Senate on June 1 by a vote of 63 to 46. The cap is currently set at $31.4 trillion and the federal government was expected to reach the current limit on June 5, 2023. The agreement made between President Biden and Speaker of the House of Representatives Kevin McCarthy (R-CA) does not raise the limit, rather it “suspends” the cap until January 2025.

The legislation does include a rescission or “claw back” of unobligated COVID-19 funds related to education and early learning for programs under USED and HHS. Specifically, the rescissions include unobligated – different from unspent funds – under the Elementary and Secondary School Emergency Relief (ESSER) Fund, emergency assistance to non-public schools, and the Higher Education Emergency Relief Fund (HEERF) funds. There are also rescissions to the Institute of Education Sciences (IES) and Student Aid Administration, as well as other funds and programs. However, the bill only specifies that funds should be rescinded and does not include specific amounts from each section, so the specific impact of rescissions from specific accounts is unclear. Also, the Committee for Education Funding has noted that according to usaspending.gov the agreement rescinds an estimated $462 million of unobligated COVID-relief funding for the Department of Education – less than 0.2% of the total $308 billion that the Department of Education was provided for COVID relief.

Full text of the bill can be found here and it also includes the following:

• Reductions and caps in “non-defense” spending. The agreement sets Fiscal Year (FY) 2024 spending levels for defense and non-defense spending. Non-defense discretionary funding is set at roughly the same level as in the FY 2023 Consolidated Appropriations Act; Defense spending is set at $868.3 billion, the level included in President Biden’s FY 2024 budget request. For FY 2025, the agreement limits all discretionary spending to a one percent increase. Beyond 2025, there are no caps or set spending limits, only non-enforceable targets. The agreement also includes an across-the-board one percent spending cut if Congress fails to pass annual appropriations legislation by the end of the year.
• Work requirements for the Supplemental Nutrition Assistance Program (SNAP) and technical adjustments to the Temporary Aid to Needy Families (TANF) program. The agreement includes new work requirements, phased in over the next three years and sunsetting in 2030, for SNAP benefits for adults ages 50-54 without children living in the home. Current law includes similar requirements for individuals ages 18-49. The agreement exempts veterans, homeless, and children in foster care from the new requirements.
• Formalizes end of student loan repayment pause. The agreement codifies the Biden Administration’s announcement ending the freeze on monthly student loan payments and interest, and prevents the Administration from further extending the pause. In November 2022, the Administration announced that student loan payments, originally paused at the start of the COVID-19 pandemic, would resume 60 days after a Supreme Court ruling on the student loan forgiveness plan or 60 days after June 30, 2023 – whichever comes first. Of note, the agreement does not include any action on the Biden Administration’s proposed federal student loan forgiveness.
• Cuts $10 billion from the Internal Revenue Service. The 2022 Inflation Reduction Act included $80 billion for the IRS to update technology and hire more employees in an effort to address tax evasion and fraud. This agreement rescinds $10 billion of those funds.

Biden administration releases fact sheet and updated strategic plan in effort to advance efforts in Artificial Intelligence (AI): On May 23, the White House released a fact sheet to promote responsible use of AI and push for guardrails for its use. The fact sheet states that “AI is one of the most powerful technologies of our time” and emphasized the need to “manage its risks.” The fact sheet included a new National AI R&D Strategic Plan from the White House Office of Science and Technology Policy (OSTP) which was designed to “help ensure continued U.S. leadership in the development and use of trustworthy AI systems.” Additionally, the WH OSTP issued a Request for Information (RFI) for input in creating national priorities for addressing AI risks, protecting individuals’ rights and safety, and using AI to improve lives. Comments will be accepted through July 7, 2023.

Biden-Harris Administration announces new actions to protect youth mental health online following Surgeon General advisory on impact of social media on mental health: On May 23, the Biden-Harris Administration announced new actions to protect youth mental health and privacy online, and more specifically, on social media, following Surgeon General Dr. Vivek Murthy’s advisory about the effects social media use has on youth mental health. The Surgeon General’s advisory notes that there is not enough research on social media use to provide clear parameters around safe usage, and excessive use indicates that “adolescents who spend more than three hours per day on social media face double the risk of experiencing poor mental health outcomes, such as symptoms of depression and anxiety.” In response, the Biden-Harris Administration has created an interagency Task Force on Kids Online Health & Safety with the Department of Health and Human Services (HHS) and the Department of Commerce, with a focus on preventing and mitigating adverse health effects of social media use. The Task Force will develop policy recommendations and guidance on social media use, and will do so with representatives from the U.S. Department of Education (USED), the Department of Justice, the Centers for Disease Control and Prevention, the National Institutes of Health, the Domestic Policy Council, and the Office of Science and Technology Policy, among others. Separately from the Task Force, USED is working to issue a new rule that would update the Family Educational Rights and Privacy Act (FERPA) to promote the privacy of minor students’ data and address the commercial monetization of such data.

President Biden announced specific actions Administration officials are taking to implement the Bipartisan Safer Communities Act: On May 14, President Biden issued a fact sheet describing thirteen actions that cabinet officials are taking to address gun violence with resources provided by the  Bipartisan Safer Communities Act (BSCA). The fact sheet encourages the Secretaries of USED and the Department of Health and Human Services (HHS) to develop resources for states and work with state leaders to use BSCA and Medicaid funding to help schools address the trauma students experience as a result of gun violence. Additionally, the fact sheet noted that the Department of Homeland Security (DHS) will launch a public campaign to bring more awareness to schoolsafety.gov, a site dedicated to presenting evidence-based safety strategies to school personnel and leaders. The fact sheet also outlined information on investments already made through the BSCA, including grants for school safety that will help implement school safety measures and new out-of-school time programs to increase engagement of middle and high school students.

U.S. Department of Education (USED):

USED releases report and recommendations around use of artificial intelligence in education: On May 23, in conjunction with the White House’s efforts around AI, USED published a new report that summarizes public input on AI in teaching, learning, research, and assessment. the report titled, “Artificial Intelligence and the Future of Teaching and Learning: Insights and Recommendations,” recommends that USED continue working with states, institutions of higher education, school districts and other partners to collaborate on the following steps: (1) emphasize AI-enabled technologies where humans are firmly at the center, including parents, teachers, and students, among others; (2) align AI models to a shared vision of education; (3) design AI models using best and most current principles of teaching and learning; (4) prioritize strengthening trust in educational technology and AI among teachers, students, and their families; (5) inform and involve educators; (6) focus research and developers on challenges of context, trust, and safety in their work to advance AI; and (7) develop education-specific guidelines and guardrails.

In follow up to the report (see page 60 of the report), USED is planning to consider specific policies and regulations so that educators can realize the opportunities of AI in edtech; develop a guide, including a set of AI usage scenarios to strengthen the process of evaluating and enhancing policies and regulations, while minimizing risks; continue cross-agency work; develop additional resources and events to increase understanding of AI and to involve those who will be most affected by new AI technologies; and revise and update the National Educational Technology Plan (NETP) to guide all the safe, equitable, and effective use of AI in education, among other actions.  More information on the report’s core messages are here and a public webinar with the Department’s vision for supporting information sharing around AI will be hosted on June 13 at 2:30 pm at tech.ed.gov/ai.

USED publishes draft of 21st Century Community Centers guidance: On May 17, USED published a draft of non-regulatory guidance for the 21st Century Community Learning Centers (CCLC) program. The guidance is designed to be a comprehensive support for State educational agencies in meeting the statutory requirements of the program. The 21st CCLC program “provides opportunities for communities to establish or expand activities in community learning centers that provide for academic enrichment…particularly students who attend schools in need of additional support” and also supports additional activities such as youth development activities, nutrition and health education, drug and violence prevention programs, counseling programs, technology education programs, financial literacy programs, mathematics, science, career and technical programs, and internship or apprenticeship programs, among others. The new draft guidance answers dozens of questions on a variety of topics, including methods for state allocations, state eligibilities and responsibilities, local use of funds, and evaluation and monitoring. The public is encouraged to submit comments on the draft guidance to feedback@ed.gov by June 16, 2023.

USED launches campaign against antisemitism; releases Dear Colleague letter to outline legal obligations of schools to protect students: On May 25, USED launched a campaign against antisemitism in conjunction with the Biden-Harris Administration’s announcement of a first-ever U.S. National Strategy to Counter Antisemitism. The campaign is designed to provide resources to help ensure that Jewish students do not experience discrimination or harassment in schools. USED’s Office for Civil Rights (OCR) published a corresponding Dear Colleague letter that described the legal obligation under Title VI of the Civil Rights Act of 1964 (Title VI) to provide all students a school environment free from discrimination based on race, color, or national origin, including shared ancestry or ethnic characteristics. In the announcement, USED Secretary Miguel Cardona stated, “Antisemitism has no place in our society, and I am proud that the Department will continue to use all available tools to prevent and address antisemitic discrimination in our nation’s schools.”

USED and DOJ release resource on student discipline to ensure racial non-discrimination: On May 26, USED’s OCR and DOJ’s Civil Rights Division jointly released a resource to support school leaders, teachers, staff, and other staff to implement student discipline fairly and without racial discrimination. The publication, titled “Resource on Confronting Racial Discrimination in Student Discipline,” provides ways for school districts to improve their administration of student discipline in fair, safe, and positive manners. Additionally, it provides examples of investigations that the Departments have resolved across fourteen school districts, conducted under Title VI of the Civil Rights Act of 1964, involving school suspensions, referrals to law enforcement, and informal removals, among others. In conjunction with the resource, USED’s Office of Elementary and Secondary Education (OESE) Office of Safe & Supportive Schools Technical Assistance Centers released a series of fact sheets with strategies based on a specific audience or group – students and teachers, educators and school staff, families, and school and district leaders. OESE Technical Assistance Centers will host a series of webinars on each of the fact sheets beginning in August and continuing through October.

USED and NASA partner to increase access to high-quality STEM and space education: On May 24, USED and NASA signed a memorandum of understanding to strengthen and expand the agencies’ collaboration and increase access to high-quality science, technology, engineering, and math (STEM) education programs and space education. The agreement also intends to encourage more students from diverse backgrounds to have opportunities to pursue careers in the STEM and space industries. The announcement noted that USED and NASA are currently working to “provide NASA STEM content and technical assistance for the 21st Century Community Learning Centers Program,” which supports afterschool programming across the country. USED Secretary Miguel Cardona shared, “I am excited for this partnership with NASA that will inspire and prepare young people from all backgrounds to become our next generation of leaders in STEM fields and to propel our nation and our workforce into the future.”

USED announces October 2023 as date for final Title IX rule: On May 26, USED announced a delayed release of the final Title IX rule changes, citing the need for additional time to review public comment. The proposed regulations were released in July 2022 and were slated to be finalized in May 2023. The announcement noted that “the Department received more than 240,000 public comments on the proposed rule – nearly twice as many comments as the Department received during its last rulemaking on Title IX.” USED added that the final Title IX Athletics rule will also be released in October 2023. A fact sheet on the July 2022 proposed rule is here, the proposed Athletics rule is here, and submitted public comments are here.

USED releases guidance on constitutionally-protected prayer and religious expression in public schools: On May 15, USED released updated guidance on the current laws concerning constitutionally protected prayer and religious expression in public schools, and clarifying the extent to which prayer in public schools is legally protected. Additionally, the updated guidance describes the annual certification process that state and local education agencies must conduct in order to comply with the laws protecting religious expression, including prayer and religious exercise during non-instructional time, organized prayer groups and activities, and moments of silence, among others.

USED’s OCR announces resolution of Title VI and Title IX Discrimination Investigation of Forsyth County Schools: On May 19, USED’s OCR announced a resolution agreement with Forsyth County Schools in Georgia following complaints from parents and community members indicating that certain library books contained sexually explicit content. Additionally, there were requests that the district “shelve LGBTQI+ books separately in school libraries” and there was “the impression that books were being screened to exclude diverse authors and characters.” OCR’s investigation found that messages communicated at school board meetings “may have created a hostile environment for students” and the response that the district took related to its library book screening process did not sufficiently resolve the hostile environment. The resolution between OCR and the district provided that the district is committed to further explain the library book removal process and “offer supportive measures to students who may have been impacted by that process.” Additionally, the district agreed to administer a survey to the district’s middle and high school students to determine if further actions are needed to resolve the conflict.

USED and U.S. Department of Justice release joint letter on postsecondary accessibility for people with disabilities: On May 19, USED’s Office for Civil Rights (OCR) and the U.S. Department of Justice (DOJ) issued a Dear Colleague letter describing both Departments’ efforts to address barriers that people with disabilities face when trying to access postsecondary education. The letter describes some of the barriers in online coursework and classes that require the use of certain technological programs; for example, how online video content and lectures may cause barriers for people with vision, hearing, or mobility disabilities. The letter then describes the legal requirements of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504) in providing an accessible education to all students, and the enforcement actions that the Departments have taken to provide educational opportunities to students. The letter concludes with links to March 2022 guidance from the DOJ – Guidance on Web Accessibility and the ADA – and from USED – a 20-part video series on Digital Accessibility.

USED Deputy Secretary Cindy Marten visits dual language school in Washington, D.C.: On May 25, USED Deputy Secretary Cindy Marten visited Oyster-Adams Bilingual School in Washington, D.C. in a continuation of the “Raise the Bar: Lead the World” tour. At Oyster Adams, Deputy Secretary Marten learned how the District of Columbia Public Schools (DCPS) is working to promote academic excellence and prepare students for global competitiveness, and more specifically, Oyster-Adams’ approach to bilingual education as well as supporting student’s mental health and wellbeing. The visit included an announcement of the Department’s new “Free to Learn” initiative, which will “will assist in promoting positive, inclusive school climates, enhancing school safety, and preventing bullying and harassment.” USED plans on launching a national call to action and provide resources and trainings about supporting school safety, and creating positive, inclusive school environments.

U.S. Department of Health and Human Services (HHS):

Administration for Children and Families issues Dear Colleague letter to support mental health of early childhood workforce: On May 31, HHS’ Administration for Children and Families (ACF) published a Dear Colleague letter to promote opportunities to support the mental health and wellbeing of the early childhood workforce. The letter follows an Executive Order from President Biden, signed in April, that highlights the importance of the wellbeing of early childhood education (ECE) staff and access to mental health resources. The Dear Colleague letter encourages state and local leaders to implement strategies from the Office of Head Start’s 2021 Supporting the Wellness of All Staff in the Head Start Workforce, including cultivating a health work culture fostering belonging, providing benefits and employee assistance programs, and improving work environments with dedicated spaces for peer-to-peer connections. The letter also emphasizes the importance of access to healthcare, as “early childhood educators are 50 percent more likely to be uninsured than the general population,” and provides ways in which ECE staff can find out if they are eligible for Medicaid and the Children’s Health Insurance Program (CHIP).

Congress:

Congressional Review Act (CRA) resolution to prohibit implementation of the Biden Administration’s student loan forgiveness plan passes the House: On May 24, the full House passed by a vote of 218 to 203, H.J. Res 45, a CRA resolution, which would prohibit the implementation of President Biden’s student loan forgiveness plan to cancel up to $20,000 in outstanding student loan debt. The resolution would also prevent any further extension of a student loan repayment pause. H.J. Res 45 was passed with the support of all Republicans present for the vote and Democratic Representatives Jared Golden (D-ME) and Marie Gluesenkamp Perez (D-WA). As background, the Government Accountability Office (GAO) recently issued a legal decision finding that President Biden’s announcement on its website and in the Federal Register of the student loan forgiveness plan could be considered a rule for the purposes of the CRA. On June 1, the Senate passed the CRA resolution by a vote of 52-46, with Senators Joe Manchin (D-WV), Jon Tester (D-MT) and Kyrsten Sinema (I-AZ) joining all Republicans present. In a Statement of Administration Policy issued on May 22, the White House opposed the CRA and indicated that, should it pass both houses of Congress, President Biden would veto it.

Senate Appropriations Committee Chairwoman Patty Murray, Senate HELP Committee Chairman Bernie Sanders, and House Education and Workforce Committee Ranking Member Bobby Scott reintroduce legislation to ban seclusion and restraint practices in schools: On May 18, Senate Appropriations Committee Chairwoman Patty Murray (D-WA), Senate HELP Committee Chairman Bernie Sanders (I-VT), and House Education and Workforce Committee Ranking Member Bobby Scott (D-VA) reintroduced S. 1750 and H.R. 3470, legislation that would make it illegal to seclusion and restraint as student disciplinary practices. Named the Keeping All Student Safe Act, the bill would prohibit schools from secluding and physically restraining children, except when necessary to protect the safety of students and staff, and provide training for school personnel to learn about evidence-based, proactive strategies that prevent future abuse of students. Additionally, the legislation would require each state to establish its own policies, procedures, and monitoring systems in place to enforce the law, and increase transparency of the law’s enforcement by requiring states to collect and report data on the use of seclusion and restraint annually. The full text of the bill is here and the section-by-section description of the bill is here.

Senate Agriculture, Nutrition, and Forestry Committee Ranking Member John Boozman and House Education and Workforce Chairwoman Virginia Foxx write op-ed arguing for increased local control of school meals:  On May 18, Senate Agriculture, Nutrition, and Forestry Committee Ranking Member John Boozman (R-AR) and House Education and Workforce Chairwoman Virginia Foxx (R-NC) wrote an op-ed in K-12 Dive expressing support for local school nutrition professionals in the decisions about the contents of school meals. The op-ed follows recently proposed changes to school meal nutrition standards from the U.S. Department of Agriculture, which were updated to meet the most recent updates to the Dietary Guidelines for Americans. In the op-ed, Ranking Member Boozman and Chairwoman Foxx write that “our nation’s school nutrition professionals know best” and “Washington bureaucrats think they have a better grasp of what children should and will eat than those serving our children.” The Congressional leaders wrote that the proposed rules would “add significant costs to schools” before concluding, “USDA must stop giving lip service to these hard-working professionals and students. School foodservice providers and nutritionists deserve a stronger voice than Beltway ‘experts.’”

Senate:

Senate Health, Education, Labor, and Pensions Committee hold hearing examining child care “crisis”: On May 31, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing titled, “Solving the Child Care Crisis: Meeting the Needs of Working Families and Child Care Workers.” Witnesses included: Elizabeth Groginsky, Cabinet Secretary at the New Mexico Early Childhood Education and Care Department; Lauren Hogan, Managing Director of Policy and Professional Advancement at the National Association for the Education of Young Children (NAEYC), Cheryl Morman, Family Child Care Provider and President at Virginia Alliance for Family Child Care Associations; Carrie Lukas, President at the Independent Women’s Forum; and Kathryn Larin, Director in Education, Workforce, and Income Security at the Government Accountability Office (GAO). In advance of the hearing, Chairman Sanders and Appropriations Chairwoman Patty Murray (D-WA) released a report on the “worsening child care crisis” and “imminent funding cliff.”

During his opening remarks, HELP Committee Chairman Bernie Sanders (I-VT) began the hearing by drawing attention to the cost of child care, stating, “according to a recent survey, 40% of parents in America have gone into debt due to the cost of child care.” Chairman Sanders also referenced a lack of availability of child care, stating that it prevented “mostly women” from entering the workforce “because they cannot find quality, affordable childcare.” Chairman Sanders concluded his opening remarks by highlighting the emergency pandemic funds from the American Rescue Plan (ARP), which he shared, “kept over 200,000 child care providers in business, sustaining childcare for nearly 10 million kids, …[and] prevented a million childcare workers from losing their jobs.”

Ranking Member Bill Cassidy (R-LA) used his opening remarks to argue that the emergency pandemic funds “flooded the child care industry,” stating that $18 billion of the $39 billion provided was unspent “without knowing anything about how [it] has been spent.” Ranking Member Cassidy stated that the funding “financially coerced [families] into a federal government-run institution” and warned that the Committee should be “careful” of providing more federal funds so as not to fuel “an ever-exploding cost that gets transferred onto the backs of taxpayers.” His remarks concluded by thanking the witnesses and sharing, “We want affordable child care. We don’t want more bureaucracy and more government spending that is wasted.”

Throughout the hearing, Democrats continued to focus on the impact of the ARP funding for child care providers, with Subcommittee on Children and Families Chairman Bob Casey (D-PA) sharing that the grants made a “huge impact” for thousands of providers and hundreds of thousands of children in Pennsylvania. Senate Appropriations Chairwoman Patty Murray (D-WA) spoke about the need for the federal government to act. More specifically, she referred to the recently introduced child care legislation – the Child Care for Working Families Act – and how it was not a “one size fit all” approach, as Committee Republicans stated, but a federal state partnership to support child care. Witness Lauren Hogan added that “it’s not a federal takeover,” rather, a proposal that “supports flexibility” and “trusts educator autonomy to decide the curriculum.”

Republicans continued in the theme of Ranking Member Cassidy’s remarks, stating that increasing federal funding for child care would “federalize” the education system and create less space for parent choice. Senator Lisa Murkowski (R-AK) emphasized her support for reauthorization of the Child Care Development Block Grant (CCDBG), as she thought it would be a way to “help assist child care providers and families in their ability to be able to choose child care without us here in the federal government micromanaging things.” Senator Murkowski, though, added, “I’m…suggesting that we have a role here… and I perhaps might not have ever envisioned that at the federal level.”

House:

House Subcommittee on Higher Education and Workforce Development holds hearing on the Biden Administration’s federal student loan forgiveness proposal: On May 24, the House Subcommittee on Higher Education and Workforce Development held a hearing titled, “Breaking the System Part II: Examining the Implications of Biden’s Student Loan Policies for Students and Taxpayers.” USED Under Secretary James Kvaal and Chief Operating Officer of the Office of Federal Student Aid Richard Cordray testified. The hearing was the second of two examining the potential impacts of the Biden Administration’s federal student loan forgiveness proposal.

In his opening remarks, Subcommittee Chairman Burgess Owens (R-UT) named actions he considered “abuses” by the Department, beginning with the extension of the pause on federal student loan repayment, as well as a lack of information and communication as to whether federal student loan servicers are prepared to begin collecting payments again. Chairman Owens called the Administration’s federal student loan forgiveness plan a “legal wait-and-see” proposed to “push the limits of our Constitutional order,” and continuing with disapproval for the potential changes to the income-driven repayment (IDR) program. Chairman Owens said, “If the blanket cancellation sham cannot pass Supreme Court muster, IDR and other back door cancellation schemes like borrower defense to repayment will effectively achieve its same goal.”

Subcommittee Ranking Member Frederica Wilson (D-FL) used her opening remarks to call the federal student loan forgiveness plan “historic” and would issue relief to Americans that they “urgently need” before turning to the plan’s opponents: “My Republican colleagues say too bad. Deal with it. Suck it up.” She continued, stating that Republicans “have dedicated this hearing to attacking mostly middle income borrowers who would benefit from student debt forgiveness.” Ranking Member Wilson concluded her remarks by providing information on legislation she recently introduced – the Lowering Obstacles to Achievement now, or the Loan Act – which would double the Pell Grant and cap interest rates on new federal student loans at five percent. Ranking Member Wilson said, “We cannot afford to continue leaving our constituents behind by failing to end the student debt crisis.”

Though the purpose of the hearing was the Biden Administration’s federal student loan crisis, several Republican members questioned the witnesses on USED’s recently released gainful employment regulations proposal. Congressman Glenn Thompson (R-PA) expressed frustration with the proposed rule, stating it “treats proprietary education and non-degree credential programs differently” and “threatens to cut off the title for eligibility for programs or career colleges, who quite frankly have the exact same or better outcomes than their nonprofit peers.” Under Secretary Kvaal responded, “Congress has distinguished between for profit and career programs … and traditional higher education programs in the Higher Education Act and requires only the former to meet gainful employment standards.”

House Education and Labor Committee Ranking Member Bobby Scott (D-VA) also expressed concerns about the proposed gainful employment rule, stating, “because to some extent, it measures the socioeconomic demographics of the student body as much as it does the quality of the program.” Ranking Member Scott added that first generation students, who may be students of color, may have more challenges getting jobs. Under Secretary Kvaal responded, “The goal of the gainful employment rule is to create better choices for students and that’s especially true for low-income students, first generation students of color, who are disproportionately likely to be left with what they can’t afford to repay. We believe it will improve the value of programs and we’re listening very carefully to affected communities as we consider comments on our proposal.”

Subcommittee on the Coronavirus Pandemic Chairman Brad Wenstrup requests additional information of American Federation of Teachers President Randi Weingarten: On May 23, Subcommittee on the Coronavirus Pandemic Chairman Brad Wenstrup (R-OH) sent a letter to American Federation of Teachers President Randi Weingarten requesting information and communications related to the Centers for Disease Control and Prevention’s school reopening guidance in 2021. The letter follows previous communication with Weingarten and her testimony at a Subcommittee hearing in April on the same topic. Chairman Wenstrup also references a May 10 conversation with Ms. Weingarten, stating, “During the May 10 phone call and in a May 10 email, you raised various objections, including that: one request was “inappropriate”; certain requests were overbroad and implicated unspecified privacy interests; and the requests were ‘well beyond the original framing contained in the March 28 letter.’” He continues that that the objections are not “proper” and that “AFT continues to frustrate the Select Subcommittee’s investigation.” Chairman Wenstrup writes, “Unless an agreement can be reached soon, we will be forced to consider the use of compulsory process.” According to Politico, an attorney for AFT, Michael Bromwich, wrote to Republicans that “there has been zero obstruction by Ms. Weingarten, the AFT or its staff.” Bromwich also responded, “It is inconsistent with running a serious investigation to issue five-alarm press releases that bear no relationship to events in the real world.” (Note: A subscription to Politico is required to view this article.)

House Education and Workforce Committee Chairwoman Virginia Foxx and House Oversight Committee Chairman James Comer write letter to USED Secretary Miguel Cardona regarding use of the court system to issue borrower defense loan forgiveness: On May 24, House Education and Workforce Committee Chairwoman Virginia Foxx (R-NC) and House Oversight Committee Chairman James Comer (R-KY) wrote a letter to USED Secretary Miguel Cardona with concerns that the Biden administration is attempting to “hijack” the U.S. court system to discharge $6 billion in federal student loans. The letter states that facts surrounding the litigation “suggest the Biden administration may be working indirectly through the settlement to bypass lawful processes to fulfill student loan bailout promises made by the President” and requests a number of documents related to the case. In June 2022, Secretary Cardona announced that the Biden Administration would fully discharge nearly $6 billion in federal student loan debt for about 200,000 borrowers who claim they were defrauded by their college or university – most of them for-profit institutions. The announcement was the result of a proposed settlement in the case of Sweet v. Cardona (formerly Sweet v. DeVos) after a drawn-out lawsuit over the “borrower defense” law, which provides debt relief to federal student loan borrowers if their college defrauds or misleads them. The settlement became effective in January 2023, though legal challenges remain.

Upcoming Events (Congress & Administration):

• On June 5 from 1:00 to 5:00 pm and June 6 and 7 from 10:00 am to 5:00 pm, the Veterans’ Advisory Committee on Education will host an open meeting. The purpose of the Committee is to advise the Secretary of Veterans Affairs on the administration of education and training programs for veterans, servicepersons, reservists and dependents of veterans. During the meeting sessions, the Committee will hear reports from the Modernization, Veteran Vocational Education and Training Programs, and Distance Learning Subcommittees, as well as receive other updates and briefings that they will use for potential 2023 recommendations. More information is here.
• On June 6 at 1:00 pm, the Office of Federal Student Aid (FSA) will host a webinar titled, “Better FAFSA® Better Future Overview and Timeline.” The webinar is the first in the Better FAFSA, Better Future Webinar Series, which will cover guidance from the office on implementation of the FAFSA Simplification Act, the FUTURE Act, and what schools need to know about changes for the 2024-2025 award year. This session will focus on the Department’s implementation of the FUTURE Act and the FAFSA Simplification Act, reviewing the legislation and phased implementation from 2023–24 through 2024–25. The webinar will also feature additional resources, upcoming training dates, and an opportunity to ask questions. A video recording and transcript of the Q&A portion of the webinar will be available the week following each live event. More information and registration for each webinar are here and the link to the June 6 webinar is here.
• On June 7 at 10:00 am, the House Agriculture Committee will host a hearing titled, “Innovation, Employment, Integrity, and Health: Opportunities for Modernization in Title IV.” The hearing will consider implementation of Supplemental Nutrition Assistance Program (SNAP) and other food assistance programs. More information here.
• On June 8 at 10:00 am, the Senate Health, Education, Labor, and Pensions Committee will host a hearing titled, “Why Are So Many American Youth in a Mental Health Crisis? Exploring Causes and Solutions.” Witnesses have not yet been announced. More information is here.
• On June 13 at 2:30 pm, USED will host a webinar titled, “The U.S. Department of Education and Experts Discuss ‘AI and the Future of Teaching and Learning’.” The webinar is the first in a series exploring the Department’s vision for supporting information sharing and supporting policies for artificial intelligence (AI). In this discussion, Kristina Ishmael, Deputy Director of the Office of Educational Technology (OET) will lead a discussion with key educators, researchers, and innovators about a recently released report, “AI and the Future of Teaching and Learning: Insights and Recommendations.” More information and registration here.
• On August 9 at 3:00 pm, USED will host a webinar titled, “Guiding Principles for Creating Safe, Inclusive, Supportive, and Fair School Climates.” The webinar will discuss a recent publication of the same name, and is designed to enhance state and district implementation or strategies that promote safe, inclusive, supportive, and fair learning environments. More information and registration here.

Upcoming Events (Outside Organizations):

• On June 6 at 2:00 pm, FutureEd will host a webinar titled, “The Changing Private-School Choice Landscape.” A panel will discuss a new wave of private-school-choice programs in a number of states, including Arkansas, Arizona, and Iowa. Experts will consider the impact of these programs on both individual student outcomes and the public education system. Panelists include Arkansas State Senator Breanne Davis; Doug Harris of Tulane University; Patricia Levesque of ExcelinEd; and Liz Cohen of FutureEd. More information and registration here.

Publications (Congress & Administration):

• On May 24, the National Center for Education Statistics (NCES) published the Condition of Education 2023. The annual report is congressionally mandated and summarizes the most recent national data to help policymakers and the public understand educational progress across the country. Key findings show that the percentage of 3- to 4-year-olds enrolled in school increased by 10 percent from 2020 to 2021, but still remains 14 percent lower than 2019. The report also showed that though public school enrollment declines continued, they were only present in PreK-8 grade levels, as enrollment in grade 9-12 increased from fall 2019 to fall 2021.

Publications (Outside Organizations):

• On May 24, the Learning Policy Institute published a new report titled, “Fostering Belonging, Transforming Schools: The Impact of Restorative Practices.” The report and accompanying brief explores how schools that have adopted restorative practices have experienced improved school climate and student outcomes while reducing exclusionary discipline. Analyses of these practices in 485 middle schools found that “a decrease in schoolwide misbehavior, substance abuse, and student mental health challenges, as well as improved school climate and student achievement.” Schools found that students of all racial and ethnic backgrounds benefited from the use of restorative practices, and Black and Latino/a students benefited the most.
• On May 26, the State Higher Education Executive Officers Association issued a report titled, “2022 State of Higher Education Finance.” The report is produced annually to increase understanding and awareness of the ways in which state-level public policy decisions contribute to public higher education funding levels and funding distributions. The report found that postsecondary enrollment decreased by 2.5 percent in 2022, the second largest decrease on record following 2021. The analysis also found that education appropriations increased 4.9 percent, which were attributed to increasing state commitments to higher education funding, a sharp decline in FTE enrollment, and federal stimulus funding.

Legislation:

Introduced in the House of Representatives:

H.R. 3583
A bill to provide for the overall health and well-being of young people, including the promotion and attainment of lifelong sexual health and healthy relationships, and for other purposes.
Sponsor: Rep. Barbara Lee (D-CA)

H.R. 3596
A bill to prohibit the use of corporal punishment in schools, and for other purposes.
Sponsor: Rep. Suzanne Bonamici (D-OR)

H.R. 3605
A bill to amend the Higher Education Act of 1965 to direct the Secretary of Education to award institutions of higher education grants for teaching English learners.
Sponsor: Rep. Raul Grijalva (D-AZ)

H.R. 3606
A bill to improve the English language and literacy skills of English language learners and their families, and for other purposes.
Sponsor: Rep. Raul Grijalva (D-AZ)

H.R. 3607
A bill to establish high-quality dual language immersion programs in low-income communities, and for other purposes.
Sponsor: Rep. Raul Grijalva (D-AZ)

H.R. 3618
A bill to establish a grant program to encourage schools to conduct independent facility security risk assessments and make hard security improvements, and for other purposes.
Sponsor: Rep. Roger Williams (R-TX)

H.R. 3630
A bill to prohibit certain entities from barring a student athlete from participating in intercollegiate athletics as a result of such student athlete entering into an endorsement contract, and for other purposes.
Sponsor: Rep. Mike Carey (R-OH)

H.R. 3639
A bill to establish and expand child care programs for parents who work nontraditional hours, and for other purposes.
Sponsor: Rep. Ashley Hinson (R-IA)

H.R. 3669
A bill to amend the Elementary and Secondary Education Act of 1965 to improve mental health services for students, and for other purposes.
Sponsor: Rep. Rick Allen (R-GA)

H.R. 3680
A bill to amend the Public Health Service Act to provide for a national outreach and education strategy and research to improve the behavioral and mental health of the Asian American, Native Hawaiian, and Pacific Islander population, while addressing stigma within such population against behavioral and mental health treatment.
Sponsor: Rep. Judy Chu (D-CA)

H.R. 3682
A bill to amend the Public Health Service Act to authorize certain grants (for youth suicide early intervention and prevention strategies) to be used for school personnel in elementary and secondary schools and students in secondary schools to receive student suicide awareness and prevention training, and for other purposes.
Sponsor: Rep. Emanuel Cleaver (D-MO)

H.R. 3711
A bill to prohibit the use of elementary, secondary, and post-secondary school facilities to provide shelter for unlawfully present aliens, and for other purposes.
Sponsor: Rep. Marcus Molinaro (R-NY)

H.R. 3713
A bill to amend the Public Health Service Act to revise and extend projects relating to children and to provide access to school-based comprehensive mental health programs.
Sponsor: Rep. Grace Napolitano (D-CA)

H.R. 3724
A bill to amend the Higher Education Act of 1965 to prohibit recognized accrediting agencies and associations from requiring, encouraging, or coercing institutions of higher education to meet any political litmus test or violate any right protected by the Constitution as a condition of accreditation.
Sponsor: Rep. Burgess Owens (R-UT)

H.R. 3726
A bill to direct the Secretary of Education to study student mental health at institutions of higher education and to issue guidance on compliance with the Americans with Disabilities Act of 1990 for mental health and substance use disorder policies of institutions of higher education, and for other purposes.
Sponsor: Rep. Katie Porter (D-CA)

H.R. 3727
A bill to require the Director of the National Institutes of Health to carry out a study to add to the scientific knowledge on reducing teacher stress and increasing teacher retention and well-being, and for other purposes.
Sponsor: Rep. Katie Porter (D-CA)

H.R. 3737
A bill to direct the Director of the Centers for Disease Control and Prevention to submit a report to Congress on the feasibility of reporting data relating to injuries in high school sports to improve the safety of student athletes.
Sponsor: Rep. Marc Veasey (D-TX)

H.R. 3747
A bill to rename the Richard B. Russell National School Lunch Act, and for other purposes.
Sponsor: Rep. Al Green (D-TX)

H.R. 3757
A bill to prohibit the availability of Federal funds to institutions of higher education that fund Confucius Institutes.
Sponsor: Rep. George Santos (R-NY)

H.R. 3771
A bill to establish a multiagency Middle School Mental Health Task Force at the Department of Education and the Department of Health and Human Services.
Sponsor: Rep. Thomas Kean (R-NJ)

H.R. 3773
A bill to amend the Higher Education Act of 1965 to prohibit institutions of higher education that authorize Anti-Semitic events on campus from participating in the student loan and grant programs under title IV of such Act.
Sponsor: Rep. Michael Lawler (R-NY)

H.Res. 432
A resolution supporting the goals and ideals of the month of May as Sex Ed For All Month: Equity and Access for All.
Sponsor: Rep. Pramila Jayapal (D-WA)

H.Res. 434
A resolution declaring a mental health crisis among youth in the United States, and expressing the pressing need for historic investments in mental health care for students.
Sponsor: Rep. Seth Moulton (D-MA)

H.Res. 436
A resolution expressing support for the designation of the week of May 22 through 26, 2023, as “Educator Mental Health Awareness Week”.
Sponsor: Rep. David Trone (D-MD)

Introduced in the Senate:

S. 1762
A bill to prohibit the use of corporal punishment in schools, and for other purposes.
Sponsor: Sen. Chris Murphy (D-CT)

S. 1773
A bill to amend the Public Health Service Act to provide for a national outreach and education strategy and research to improve behavioral health among the Asian American, Native Hawaiian, and Pacific Islander population, while addressing stigma against behavioral health treatment among such population.
Sponsor: Sen. Mazie Hirono (D-HI)